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Marine Insurance In The Duty To Inform

Posted on:2008-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:H SunFull Text:PDF
GTID:2206360242469952Subject:International Law
Abstract/Summary:PDF Full Text Request
Any contract should be established on the basis of good faith. A full and accurate disclosure, as the foundation of good operation of insurance affects not only the validity of insurance contract, but also the risk assessing and estimating of the insurer, therefore, the stipulations for disclosure play an important role in the Insurance Contract Law in every country.Unfortunately, there are many deficiencies relevant to disclosure duty in Chinese Insurance Law, on which there are a lot of researching. Different from normal insurance, disclosure duty in marine insurance has its own law. In this essay, the author uses the researches as the comparison method, the case analysis and semantic analysis. Basing on the relevant law provisions of marine insurance, this essay comprehensively analysis on disclosure duty in marine insurance by combining the theory and the practice both domestic and out of China. It is also written with the purpose of being helpful for Chinese insurance legislations and justice practice.The essay consists of three parts, i.e., the preface, the body and the conclusion.The preface, Chapter one introduces the foundation of disclosure duty-the utmost good faith, and the development of disclosure duty.The body of the essay including five parts, as who to disclose, when to disclose, what to disclose, what legal effects are if not to disclose, and insurer's disclosure duty. After a comprehensive analyze, the essay puts forwards some new view, and the most outstanding one is insurer's disclosure duty.The conclusion raises some legislative suggestions of perfecting our disclosure duty in marine insurance law on the basis of question discussed above.
Keywords/Search Tags:Marine insurance, the utmost good faith, disclosure duty
PDF Full Text Request
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